Da'Morus A. Cohen is an attorney in Holland & Knight's Miami office and a member of the firm's Litigation and Dispute Resolution practice group.
As a member of Holland & Knight's Consumer Protection Defense and Compliance Team, Mr. Cohen focuses his practice on a wide array of consumer protection and compliance matters, including governmental consumer protection investigations, regulatory compliance and guidance, advertising and promotional marketing compliance, and the creation and implementation of promotional devices and campaigns such as sweepstakes, skill contests, giveaways, social media campaigns, internet marketing, loyalty and rewards programs, charitable gambling, product branding and other promotional marketing campaigns.
Mr. Cohen has defended multiple clients subject to investigations and inquiries by the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ), state attorneys general and other consumer protection-oriented agencies such as the National Advertising Division of the Better Business Bureau. Mr. Cohen has experience with multiple federal and state consumer protection statutes, including the Federal Trade Commission Act, Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR) and Federal Food, Drug, and Cosmetic Act (FD&C Act). He routinely advises clients in various industries on developing robust compliance management systems and conducts compliance reviews for entities within the jurisdiction of the FTC, DOJ and other state regulatory bodies.
Mr. Cohen counsels businesses and organizations in the areas of advertising, marketing and promotional compliance. Mr. Cohen assists businesses with advertising and marketing review and compliance prior to dissemination to the public, including the creation and implementation of advertising, marketing and promotional policies and procedures. He routinely reviews and approves advertising and marketing materials on various platforms, including TV, print, radio, internet and social media. Mr. Cohen frequently advises businesses on regulatory, compliance and transactional issues relating to social media contracts, licensing contracts, celebrity endorsement contracts, influencer contracts, product branding agreements and other matters related to communications law and consumer engagement in social media and other platforms. He continually represents businesses in connection with the engagement of advertising, marketing and public relations firms, including assisting with the development, implementation and management of advertising, marketing and promotional plans. Mr. Cohen also assists businesses with the creation and implementation of social media policies and marketing initiatives. Mr. Cohen also assists businesses on the creation of consumer-facing documents, including preparation of necessary disclosures. Mr. Cohen represents businesses in a variety of industries, including food and beverage, hospitality, automotive, retail, fashion and jewelry.
Mr. Cohen also has experience handling consumer litigation matters relating to violations of consumer protection laws (both state and federal), consumer class action complaints and anti-competition and competitor complaints. Mr. Cohen also has experience handling general commercial litigation matters with a focus on the areas of general corporate, business and real estate litigation. His representative matters include corporate and partnership disputes, shareholder and member disputes, banking and finance litigation, prejudgment and post-judgment remedies, commercial mortgage foreclosures and commercial landlord and tenant disputes.
Mr. Cohen actively participates in the pro bono representation of nonprofit companies and other charitable institutions in connection with advertising and marketing compliance, advertising sponsorships, commercial co-ventures and general consumer protection compliance.
While at the University of Florida Levin College of Law, Mr. Cohen was a member of the Entertainment Law Review. He also was an active member of the Black Law Students Association, W. George Allen Chapter, serving as a contracts and constitutional law tutor and a first-year law student mentor.
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